FOUR unsuccessful applicants for a Limerick commercial radio licence have been granted leave in the High Court to challenge the Independent Radio and Television Commission's decision to reject their applications.
Mr Paul Callan, for the applicants, told Mr Justice Moriarty that the IRTC had excluded his clients from the second phase of selection. The IRTC would be hearing oral presentations from four other applicants who had progressed to the second stage at the Castletroy Hotel, Limerick, today.
His clients - Maigueside Communications, New Limerick FM, Limerick 95 FM and Big L Radio Limerick - also sought to restrain the IRTC from going ahead with the oral presentations.
Mr Callan said his clients had tendered for the broadcasting licence and had complied with all criteria in the Radio and Television Act 1988, and with guidelines advertised by the IRTC. His clients had not been given any reasons why their applications were discarded at this initial stage and they felt their disqualification was unfair and discriminatory.
Mr Patrick Fitzgerald, a financial consultant, of Anhid, Croom, Co Limerick, said he was a director of Maigueside Communications, and had been delegated to give evidence for all the applicants. He said two of the successfully short listed applicants, Limerick Radio & Media Ltd and Limerick 2000, had substantial shareholdings in existing licence holders, Northwest Radio and 96 FM Cork respectively. He claimed cross shareholding in radio stations was contrary to IRTC policy.
Mr Callan said his clients were, for no reason and on totally irrational grounds, being excluded from the oral presentations where they would make their cases for achieving the criteria to meet the needs of the local communities - music, drama, news and the encouragement of local talent.
His clients were seeking the injunction restraining the oral presentations going ahead today as they felt they would still be treated as "also rans" should they be successful in their challenge.
Mr Justice Moriarty granted the judicial review on the grounds that the IRTC had failed to give the applicants any reasons for its decision. He refused to halt the oral presentations but restrained the IRTC from announcing the successful company on April 17th, as planned.